High Court of KeralaWP(C)/20490/2015disposed of

Hari v. The Circle Inspector Of Police

2015-07-29Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 29TH DAY OF JULY 2015/7TH SRAVANA, 1937 WP(C).No. 20490 of 2015 (I) ---------------------------- PETITIONER(S) :- ------------------ HARI, AGED 53 YEARS S/O. GOPALAKRISHNAN NAIR, AMBALAYAM, SASTHAMANGLAM THIRUVANANTHAPURAM DISTRICT OWNER OF MALAMARI ESTATE, DAIVAPURA P.O.

THENNUR VILLAGE, NEDUMANGAD TALUK THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S) :- ------------------

1. THE CIRCLE INSPECTOR OF POLICE PALODE POICE STATION, THIRUVANANTHAPURAM-695 001.

2. THE SUB INSPECTOR OF POLICE PALODE POLICE STATION, THIRUVANANTHAPURAM-695 001.

3. PRABHAKARAN NAIR HARITHA BHAVAN, MAMOODU, THENNUR P.O.

THIRUVANANTHAPURAM DISTRICT-695 563.

4. KUMARA PILLAI @ VENU S/O. KRISHNA PILLAI, VAVUPURA THADATHARIKATHU VEEDU CHETTACHAL P.O., THIRUVANANTHAPURAM DISTRICT PIN-695 551.

5. RAVEENDRAN NAIR S/O. VASUDEVAN PILLAI, RANJU BHAVAN, MAMOODU THENNUR P.O., THIRUVANANTHAPURAM DISTRICT-695 563. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20490 of 2015 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- EXT.P1 : COPY OF THE REPRESENTATION OF THE PETITIONER DTD. 18.6.2015.

EXT.P1(a): COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DTD.18.6.2015.

RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.P.(C) No.20490 of 2015 ------------------------------------- Dated this the 29th day of July 2015

J U D G M E N T

Shaffique, J The petitioner has approached this Court seeking police protection inter alia contending that he is the owner of 17.28 Acres of land in Survey No.3945 to 3949/2 of Thennur Village, Nedumangad Taluk. The said property is a rubber plantation and the work of rubber tapping conducted in the said property is being obstructed by respondents 3 to 5. The petitioner submits that though he had given complaint to the police to provide adequate protection for carrying out rubber tapping and other works through his willing workers, no action has been taken by the police and therefore, the petitioner has approached this Court. 2.

Notice was served on respondents 3 and 5. The 4th respondent refused to accept notice, which also amounts to service of notice on 4th respondent. But, there is no appearance on their behalf.

Having regard to the aforesaid factual situation and after hearing the learned Government Pleader, we are of the view

W.P.(C) No.20490 of 2015 -: 2 :- that if there is any illegal obstruction from the side of respondents 3 to 5 or their men in the matter relating to rubber cultivation/ tapping being carried out by the petitioner through his own workers, the police shall ensure maintenance of law and order. This writ petition is disposed of as above.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt